Citation Nr: 0507308
Decision Date: 03/14/05 Archive Date: 03/21/05
DOCKET NO. 03-30 091 ) DATE
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On appeal from the
Department of Veterans Affairs Medical and Regional Office
Center in Wichita, Kansas
THE ISSUES
1. Entitlement to an initial rating in excess of 10 percent
for service-connected for fibromyalgia.
2. Entitlement to a compensable evaluation for service-
connected chronic fatigue syndrome.
3. Entitlement to a compensable evaluation for a service-
connected skin condition, manifested as mild folliculitis.
REPRESENTATION
Appellant represented by: Veterans of Foreign Wars of
the United States
ATTORNEY FOR THE BOARD
F. Hoffman, Associate Counsel
INTRODUCTION
The veteran served on active duty from January 1966 to May
1973 and from December 1990 to June 1991. This case comes
properly before the Board of Veterans' Appeals (Board) on
appeal from the Department of Veterans Affairs (VA) Regional
Office in Wichita, Kansas (RO).
FINDING OF FACT
On February 9, 2005, prior to the promulgation of a decision
in the appeal, the Board received notification from the
appellant, through his authorized representative, that a
withdrawal of this appeal is requested.
CONCLUSION OF LAW
The criteria for withdrawal of a Substantive Appeal by the
appellant have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5)
(West 2002); 38 C.F.R. §§ 20.202, 20.204 (2004).
REASONS AND BASES FOR FINDING AND CONCLUSION
By a rating action in September 2002, the RO granted the
veteran's claim of entitlement to service connection for
fibromyalgia, and assigned a disability evaluation of 10
percent, chronic fatigue syndrome, and assigned a
noncompensable evaluation, and a skin condition manifested as
mild folliculitis, and assigned a noncompensable evaluation.
The claim was evaluated following the enactment of the
Veterans Claims Assistance Act of 2000. See 38 U.S.C.A.
§§ 5100, 5102, 5103, 5103A, 5106, 5107, 5126 (West 2002). In
October 2003, the veteran perfected his appeal concerning the
assigned disability evaluations on all three issues.
On January 26, 2005, prior to the promulgation of a decision
in the appeal, the veteran, through his representative,
submitted written notification to the Board that the
appellant had decided to withdraw his appeal. The Board
construes this request as a request to withdraw his appeal
pertaining to all three of the above-referenced claims.
Under 38 U.S.C.A. § 7105 (West 2002), the Board may dismiss
any appeal that fails to allege specific error of fact or law
in the determination being appealed. A Substantive Appeal
may be withdrawn in writing at any time before the Board
promulgates a decision. 38 C.F.R. § 20.202 (2004).
Withdrawal may be made by the appellant or by his or her
authorized representative. 38 C.F.R. § 20.204 (2004). The
appellant, through his authorized representative, has
withdrawn this appeal and, hence, there remain no allegations
of errors of fact or law for appellate consideration.
Accordingly, the Board does not have jurisdiction to review
the issues on appeal and they are dismissed.
ORDER
The appeal as to the issues of entitlement to an initial
rating in excess of 10 percent for service-connected
fibromyalgia, entitlement to a compensable evaluation for
service-connected chronic fatigue syndrome, and entitlement
to a compensable evaluation for a service-connected skin
condition, manifested as mild folliculitis, are dismissed.
____________________________________________
JOY A. MCDONALD
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs